COVID-19
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California Sunsets Majority of Non-Emergency Workplace COVID-19 Requirements
California Sunsets Majority of Non-Emergency Workplace COVID-19 Requirements By Daniel Robertson When the California Division of Occupational Safety and Health (“Cal/OSHA”) non-emergency COVID-19 prevention regulations took effect on February 3, 2023, they did so with a future sunset date of February 3, 2025, unless Cal/OSHA extended the effective date further. Cal/OSHA took no additional action, Continue reading
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California Adopts Non-Emergency COVID-19 Prevention Workplace Regulations
On December 15, 2022, the California Occupational Safety & Health Standards Board (Board) adopted COVID-19 prevention non-emergency workplace standards in a 6-1 vote. Continue reading
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OSHA’s Healthcare Emergency Temporary Standard Is Promulgated: The Countdown to a Legal Challenge Begins
On June 21, 2021, the federal Occupational Safety and Health Administration (OSHA) had its Occupational Exposure to COVID-19, Emergency Temporary Standard (ETS) published in the Federal Register, making it immediately effective on that date. 86 FR 32377 (June 21, 2021). OSHA has the authority to issue an ETS, for immediate application upon publication in the… Continue reading
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OSHA’s Updated COVID-19 Workplace Safety Guidance: Now Employers Have the Hard Part
On June 10, 2021, the US Occupational Safety and Health Administration (OSHA) published its long-awaited response to President’s Biden’s January 21, 2021 Executive Order to OSHA, which had directed the agency to consider and, if necessary, by March 15, 2021, issue an Emergency Temporary Standard (ETS) in response to workplace hazards from COVID-19. With the… Continue reading
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California’s COVID-19 Workplace Safety Standard May Be Revised on Short Notice
On May 20, 2021, the California Occupational Safety and Health Standards Board (“Board”) held a public meeting to consider revisions to the State’s COVID-19 emergency temporary standard (“ETS”), which had been the applicable law for California workplaces since November 30, 2020. Continue reading
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OSHA Issues Immediately Effective COVID-19 National Enforcement Program and Updated Enforcement Guidance: No ETS Yet
On March 12, 2012, OSHA took two significant new actions to enhance its enforcement actions regarding COVID-19 workplace safety: (1) establishing the National Emphasis Program – COVID-19 (the NEP) targeting higher hazard industries for OSHA enforcement action; and (2) updating and replacing its former Interim Enforcement Response Plan for COVID-19 (the Enforcement Plan) to prioritize… Continue reading
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Centers for Disease Control and Prevention Releases Updated Public Health Guidelines for Vaccinated Individuals, Including Recommendations for the Workplace
On Monday, March 8, 2021, the Centers for Disease and Control and Prevention (CDC) released its first set of public health recommendations for individuals fully vaccinated against COVID-19, titled “Interim Public Health Recommendations for Fully Vaccinated People.” The CDC’s newly published guidelines are intended to replace the CDC’s existing public health guidance specifically for those… Continue reading
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OSHA under Deadline for a Nationwide COVID 19 Workplace Safety Rule: Four States’ Existing Laws and New Federal Guidance and Orders Foretell the Future
On his first full day in office, President Biden issued an Executive Order on Protecting Worker Health and Safety, which required OSHA to “consider whether any emergency temporary standards on COVID‑19, including with respect to masks in the workplace, are necessary,” and if so, to issue such emergency temporary standards (ETS) by March 15, 2021. Executive… Continue reading
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Virginia’s COVID-19 Workplace Safety Regulation Is Permanent: A National Model
In July 2020, we reported that Virginia, an OSHA State-plan State, was the first in the country to issue a workplace safety regulation specifically addressing COVID‑19. At that time, the Virginia standard was issued as a temporary emergency rule, which would expire by January 27, 2021, unless made permanent. On the expiration date, Governor Northam… Continue reading
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Biden Administration Confirms COVID-19 Liability Protections for Federal Contractors, Employees and Volunteers
On February 16, 2021, Acting Secretary of the U.S. Department of Health & Human Services (“HHS”) Norris Cochran, published in the Federal Register the Sixth Amendment to the Declaration Under the Public Readiness and Emergency Act [“PREP Act”]. 86 Fed. Reg. 9516-9520 (Feb. 16, 2021). This is the second amendment to the Declaration issued since… Continue reading
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